A number of leave policies have been provided by the members, which can be considered for preparing a leave policy for your unit while keeping in view the applicable laws prevailing in Haryana. As asked by you, both the enactments will not be applicable at the same time. If your establishment is covered under the Factories Act, 1948, then the Punjab Shops & Commercial Establishment Act, 1958, as applicable to the state of Haryana, will not be applicable. Therefore, first, determine which of the Acts is applicable in your case, and then review the leave provisions in that Act while finalizing the policy.
If your establishment is covered under the Shops Act, then refer to section 14 of the Punjab Shops Act regarding different types of leaves. If the unit is covered under the Factories Act, 1948, then first review chapter VIII on annual leave with wages to create a policy on the grant and accumulation of EL. For providing CL and SL, you should refer to the Punjab Industrial Establishment (National & Festival Holidays and Casual & Sick Leaves) Act, 1965. Additionally, review the Maternity Benefit Act, 1961, to make provisions on the grant of minimum statutory maternity leaves and benefits.
Regards,
R.N.KHOLA
(LL&IR)
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